The Dismissal of Plea Against the Rajasthan Government

The Dismissal of Plea Against the Rajasthan Government’s decision to conduct Class 10th Board Examination by The Hon’ble Supreme Court.

This post is written by Soumitte Bhattacharya, Student, Banglore Institute of Legal Studies 

The Plea challenging the order passed by The High Court of Rajasthan to upheld the decision of conducting Board Examination of Class 10 students of the State, was dismissed by the Hon’ble Supreme Court on 28th June, 2020. 

Maghi Devi, the Petitioner, had approached the Apex Court soon after the High court of Rajasthan refused to stay exams by  judgment delivered by them on 29th May, 2020. The danger of being infected was hovering on 11 lakh students.

The Bench of three Jurists, Justice AM Khanwilkar, Sanjiv Khanna and Dinesh Maheshwari heard the plea and concluded on the fact of the Student’s future relying on the examination taken by the State. As a result the Rajasthan Students will have to appear for their remaining papers under RBSE on June 29 and June 30, 2020.

The Bench justified their call on the basis of the judgment by the Court in “Rajashree v Karnataka”. The Court had minimized their scope of interference with the academic declarations and issues. The Petitioners were represented by Advocate Rishi Kpoor and Ronak Karanpuria and for the Respondents, Advocate Manish Singhvi and Advocate DK Devesh stood aligned.

The Hon’ble Bench analyzed that the challenge brought on the Rajasthan High Court order was made a long time back and since then no Covid 19 reports have been registered as positive around the centers authorized to conduct the examination. The State government was observed to take necessary precautions and steps to ensure the safety of the students who had to physically be present for the offline mode of examination.

The Court also observed the hassle in filing the Petition. The Petition was observed to be filed just a few days ahead of the examination to begin. There was no doubt in the State Government actions for tackling the pandemic and most importantly the safety norms were lined up very carefully to ensure safety of the Students. The Petitioners likely failed to present any hurdle as to why no exams should be conducted. There was no single citation of a particular incident which projected the possibility of the students getting infected and harnessing their lives. The Standards prescribed by the Government didn’t project any sort of incapability to protect the Students.

In the midst of all the Petitions filed, a Special Leave Petition was filed by an aggrieved parent against the decision of the State to conclude High Secondary Examination of the remaining two papers. The remaining two papers of Social Science and Math’s were declared to be conducted on 29 June and 30 June.

The Petition highlighted the wake of the Corona taking a mammoth troll across the nation. As per Reports, around 120 schools were arranged to shelter the migrant class and quarantine people. Apparently, the above numbered Schools were the centers of examination. The Petition tinted the hostile action of the State’s decision to conduct examinations risking the life of thousands youths. It was headed that the action of conducting such an exam would violate the Right to Equality before law under Article 14 of Indian Constitution. It was then the turn over when the Petition discussed the rule of the Supreme Court in scrapping the Class 10th Board examination on the cause of students’ health and their safety first. The question was why students were being discriminated against and why only a particular class of students was given relief and the other remained deprived of the same.

The Petitioner further begged for attention towards the commutation of students to reach the examination center, which apparently, the High court missed to give their attention to. Few students had to travel from containment zones, there was no specification that all of them resided in green zones and was out of the parameter of being a carrier or in the worst case scenario affected by the virus. Everyone coming from different economic backgrounds lacked services like private vehicles, proper sanitation facilities. Thus, the Petition was a voice of numerous parents and students who weren’t happy with the High Court of Rajasthan’s order.

The question of healthcare is on us as well as on the government. The Supreme Court has under its rightful jurisdiction taken calls and we need to believe it’s thought on the welfare of students and not create any notion of our own as to what’s going to happen in the future. But precautions and measures of safety are the right of the netizens and the students and also the foremost duty of the respective State Government and no one should be denied the same.

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